Iowa Supreme Court approves expedited track for civil trials

CEDAR RAPIDS - The Iowa Supreme Court approved new court rules which will reduce the cost and time to resolve many civil lawsuits, and get more cases back into court.

One new set of rules will establish expedited procedures for lawsuits claiming less than $75,000 in damages.

The court also has made changes to the pretrial rules that govern all civil cases. These changes are intended to modify practices that lead to unnecessary delays in court and expenses.

Attorneys interviewed by The Gazette in January about the proposed changes said the biggest obstacle for plaintiffs with civil cases involving $75,000 or less in damages is getting into court because trial costs outweigh the possible damages awarded. Expert witnesses in a case alone can range from $10,000 to $20,000.

'Unfortunately, before these new rules, people with valid legal claims were being priced out of our civil justice system,” Justice Edward Mansfield, chair of the committee that recommended the changes, said. 'Thanks to the hard work and diverse perspectives of the committee members from around the state, we have made some changes. We expect these new rules will reduce, for all parties, the costs and time associated with civil jury trials.”

The proposed amendments stem from the Iowa Civil Justice Reform Task Force, which recommended various changes to make the courts more efficient and affordable. An advisory committee was formed in fall 2012 to implement the recommendations concerning a separate trial track for civil cases and changes in discovery rules.

The task force recommended the separate track because lawyers and judges across the state are concerned about the declining number of civil jury trials in Iowa, similar to what has happened in other states in the past 10 years. The delays in court have pushed many of the civil cases into mediation and arbitration, resulting in settlements not made public, which in turn hinders plaintiffs and lawyers from knowing what a case may be worth for the client.

Under the expedited civil action rules, the person or entity who files the suit can choose to use the expedited process, and the case must be tried in one year or less, and the award is limited to $75,000, according to the order.

Pretrial procedures also are limited, according to the order. At trial, the case will be heard by a six person jury and the attorneys on each side will have a six hour limit to present the facts of the case.

The rules that apply to all cases require that both sides participate in a mandatory conference with each other shortly after the lawsuit is filed, according to the order. Both sides are required to provide initial disclosures immediately and a plan for the litigation. The initial disclosures must include identification of people with information about the case and copies of relevant documents. This will prevent surprises and get basic information about the facts in dispute out early.

'This new approach to litigation will offer greater access to justice for Iowans with legitimate claims and defenses that were not considered cost effective in the traditional court system,” Chief Justice Mark Cady said. 'The expedited process, along with our small claims courts and business courts, offer Iowans multiple options for resolving civil disputes of all sizes. The supreme court is dedicated to finding innovative ways to provide faster and less costly resolution of legal disputes.”

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com